Managing Intellectual Property

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The IP implications of the US-EU trade deal

June 18, 2013

It’s a byword for getting down to business: shots of some of the most powerful leaders in the world, ties off, shirt sleeves rolled up, leaning across the table. This week, leaders from the US and Europe began talks on an ambitious EU-US trade deal. But what will it mean for IP?
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CJEU rules that legal advice cannot protect companies from antitrust fines

June 18, 2013

IP owners who have sought assurances from law firms that their conduct does not breach antitrust rules can still be hit by fines if the European Commission decides they have infringed the law
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FTC v Actavis ruling finds pay-to-delay may be anti-competitive

June 18, 2013

Pharmaceutical companies can be sued for antitrust violations when a brand name drug company pays a generic rival to keep a copycat drug off the market, the US Supreme Court ruled on Monday
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Poorest countries granted TRIPs extension

June 18, 2013

Some of the world’s poorest countries will have access to affordable medicine for another eight years after WTO members agreed to extend the deadline for them to implement intellectual property provisions under the TRIPs Agreement.
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Interview: Gerard Pannekoek of IPXI on trading IP rights

June 18, 2013

A new financial exchange for intellectual property, known as Intellectual Property Exchange International (IPXI), will allow non-exclusive licence rights to be traded as assets. Alli Pyrah spoke to IPXI chief Gerard Pannekoek
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Lithuanian reforms put onus on trade mark owners

June 17, 2013

Recent amendments will encourage brand owners to register trade marks in Lithuania more responsibly, put them to genuine use and defend them more actively, explain Ruta Pumputiene and Jurgita Randakeviciute
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Webinar on CLS Bank v Alice: last chance to register!

June 17, 2013

Renny Hwang of Google along with Robert Fischer and Michael Sandonato of Fitzpatrick Cella Harper & Scinto will discuss the implications of the Federal Circuit’s CLS Bank v Alice decision at a webinar tomorrow
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Australia ponders compulsory licensing for developing countries

June 14, 2013

The Intellectual Property Laws Amendments Bill 2013 would allow the granting of compulsory licences for use in developing markets facing serious medical challenges
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Supreme Court rules naturally occurring DNA is patent ineligible

June 13, 2013

The Supreme Court delivered a mixed ruling in the Myriad case today, finding that some parts of the biotech company’s patents on genes linked to breast and ovarian cancer can be patented while others cannot
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SAP v Versata decision threatens business method patents

June 13, 2013

Business method patent owners were dealt a blow this week after the PTAB confirmed it will assume the “broadest reasonable interpretation” of a patent when considering if its claims are too far-reaching under new post-grant challenge proceedings
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UKIPO reveals impact of look-alikes

June 11, 2013

Trade mark owners have long complained that own-brand rivals use look-alike products to free-ride on their reputations and steal market share. But a new report presents a more complex picture of the relationship between the two
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Academics file amicus brief backing libraries over Google Books

June 10, 2013

In the latest twist in the long-running battle over Google’s mass book-scanning project, a group of academic authors has filed an amici curiae brief in support of the libraries that supplied the works to the search engine
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China’s utility model growing pains

June 10, 2013

Critics of China’s patent system often point to the proliferation of utility models as a sign of low patent quality, but research from the Intellectual Property Publishing House shows even among utility models, there is variation in quality
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India’s IPAB sets aside revocation of Pfizer's sunitinib patent

June 10, 2013

The Patent Controller’s failure to forward a crucial piece of evidence to the Opposition Board resulted in injustice, ruled the IPAB
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Australia may adopt fair use exceptions

June 07, 2013

Technological neutrality is a “highly relevant” consideration as the government looks for ways to update its copyright laws
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Samsung wins ITC ban on Apple products

June 06, 2013

The ITC has banned imports and sales of several older iPhone and iPad models sold by AT&T after finding Apple infringed a patent owned by Samsung
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News in Brief

Magazine

Latest Issue June 2013

The Madrid Protocol comes of age

India’s accession means the Madrid Protocol now covers more than two-thirds of the world’s population. Is this the tipping-point for the international trade mark system, and what reforms are needed? Emma Barraclough, James Nurton and Alli Pyrah report

Cowgirls and Grab-U: INTA 2013

Last month’s INTA Annual Meeting was opened by the entertaining Jerry Jones of the Dallas Cowboys – and his cheerleaders. But there were many serious points for brand owners too. Simon Crompton, Peter Leung, James Nurton and Alli Pyrah present the highlights
How to get a preliminary injunction in India

The Indian courts’ approach to preliminary injunctions, particularly in pharma patent cases, is gradually becoming clearer and more consistent. Hemant Singh explains how patent owners should approach them
The case for criminal IP enforcement

As US authorities are given greater funds to pursue IP infringement, Erica Portnoy and Peter Colosi argue that more companies should consider pursuing a criminal case
Experts in the hot-tub

The UK has recently introduced new rules to allow expert witnesses to give evidence concurrently. David Wilson, Christopher Sharp, Sue Gilchrist and Nina Fitzgerald examine whether hot-tubbing has been successful in Australia and what lessons can be learned
CLS Bank v Alice leads to an even murkier morass

Does CLS Bank v Alice put software patents at risk? Erika H Arner and Lauren J Dreyer argue that despite the uncertainty caused by the divided Federal Circuit, there are some useful lessons from last month’s decision
How to avoid unnecessary patent delays
Raising the Bar changes now in force
When company names and trade marks clash

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